Liability admitted before trial, but plaintiff asks jury to make determination
On July 9, 2011 at approximately 3 p.m., plaintiff was driving her Honda Accord westbound on M-72 in Williamsburg. Defendants pulled out of the Turtle Creek Casino in their ¾-ton truck to turn left and go eastbound on M-72. They skirted around a car pulling into the casino, and the car struck the truck at 55 mph.
injuries included bone marrow edema of the right ankle, chest wall bruising, a fractured rib and neck pain. She had to leave her industrial job four months after the accident because of doctors’ work restrictions, and took a less physically demanding job for a lower wage. Two years later, she was diagnosed with post-traumatic stress disorder and depression.
Type of action: Third-party no-fault
Type of injuries: Bone marrow edema of the right ankle, chest wall bruising, fractured rib, neck pain, post-traumatic stress disorder, depression
Court/Case no./Date: Grand Traverse County Circuit Court; 12-29414-NI; Oct. 3, 2013
Tried before: Jury
Verdict amount: $329,000
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Wednesday, October 30, 2013
Infinitoy Recalls Softimals Toy Sets Due to Choking and Aspiration Hazard
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: October 23, 2013
Recall number: 14-003
Recall Summary
Name of product:
Building Toy Playsets
Hazard:
The plastic hats found on playset figures pose a choking/aspiration hazard for children.
Remedy:
View Details
Replace
Consumer Contact:
Infinitoy, Inc. toll-free at (888) 558-0933 from 9 a.m. to 5 p.m. PT Monday through Friday, or online at www.infinitoy.com , then click on Safety/Recall at the bottom of the page for more information.
From the CPSC
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Recall date: October 23, 2013
Recall number: 14-003
Recall Summary
Name of product:
Building Toy Playsets
Hazard:
The plastic hats found on playset figures pose a choking/aspiration hazard for children.
Remedy:
View Details
Replace
Consumer Contact:
Infinitoy, Inc. toll-free at (888) 558-0933 from 9 a.m. to 5 p.m. PT Monday through Friday, or online at www.infinitoy.com , then click on Safety/Recall at the bottom of the page for more information.
From the CPSC
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Tuesday, October 29, 2013
$100,000 Settlement: Cook deemed disabled after injury on ship
Co-worker says ice, slush and snow created hazard; nonskid surface removed
On Dec. 20, 2008, plaintiff merchant marine cook, then 67 years old, carried storage boxes aboard a steamer. He suffered an injury to his left shoulder and arm. He underwent surgery and received rotator cuff and left biceps tendon repairs.
Plaintiff contended that the evidence presented a case of clear negligence and unseaworthiness. A second cook testified that the captain ordered the storage boxes to be taken on the vessel during a snow storm, and that the galley and work area had ice, slush and snow.
The second cook further testified that the working surface did not have nonskid material, and that the deckhands had removed the nonskid matting, thus creating a slippery and hazardous working area.
Plaintiff argued that he would have worked for an additional three years following the date of injury. Plaintiff’s principal medical provider — an orthopedic surgeon — testified that, as of Sept. 17, 2009, plaintiff was permanently disabled from returning to his former occupation.
Defendant requested plaintiff to be evaluated by another orthopedic surgeon, who testified that plaintiff would be permanently restricted from lifting in excess of between 10 and 15 pounds. The surgeon also said plaintiff’s disability prevented him from working as a merchant marine cook.
Type of action: Seaman’s personal injury pursuant to the Jones Act
Type of injuries: Rotator cuff, biceps tendon
Court/Case no./Date: U.S. District Court, Eastern District of Michigan;confidential; March 20, 2013
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On Dec. 20, 2008, plaintiff merchant marine cook, then 67 years old, carried storage boxes aboard a steamer. He suffered an injury to his left shoulder and arm. He underwent surgery and received rotator cuff and left biceps tendon repairs.
Plaintiff contended that the evidence presented a case of clear negligence and unseaworthiness. A second cook testified that the captain ordered the storage boxes to be taken on the vessel during a snow storm, and that the galley and work area had ice, slush and snow.
The second cook further testified that the working surface did not have nonskid material, and that the deckhands had removed the nonskid matting, thus creating a slippery and hazardous working area.
Plaintiff argued that he would have worked for an additional three years following the date of injury. Plaintiff’s principal medical provider — an orthopedic surgeon — testified that, as of Sept. 17, 2009, plaintiff was permanently disabled from returning to his former occupation.
Defendant requested plaintiff to be evaluated by another orthopedic surgeon, who testified that plaintiff would be permanently restricted from lifting in excess of between 10 and 15 pounds. The surgeon also said plaintiff’s disability prevented him from working as a merchant marine cook.
Type of action: Seaman’s personal injury pursuant to the Jones Act
Type of injuries: Rotator cuff, biceps tendon
Court/Case no./Date: U.S. District Court, Eastern District of Michigan;confidential; March 20, 2013
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Trail Crest Recalls Children’s Hooded Sweatshirts Due to Strangulation Hazard
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: October 22, 2013
Recall number: 14-002
Recall Summary
Name of product:
Trail Crest boys and girls hooded sweatshirts and jackets
Hazard:
The hoodies and jackets have drawstrings through the hood or neck which pose a strangulation hazard to young children. In February 1996, CPSC issued guidelines about drawstrings in children's upper outerwear. In 1997, those guidelines were incorporated into a voluntary standard. Then, in July 2011, based on the guidelines and voluntary standard, CPSC issued a federal regulation. CPSC's actions demonstrate a commitment to help prevent children from strangling or getting entangled on neck and waist drawstrings in upper outerwear, such as jackets and sweatshirts.
Remedy:
View Details
Refund
Consumer Contact:
Trail Crest at (800) 965-6550 between 9 a.m. and 5 p.m. ET Monday through Friday. Consumers can also email the firm at sales@trailcrest.net.
From the CPSC
Are you in need of a product liability injury lawyer?
Recall date: October 22, 2013
Recall number: 14-002
Recall Summary
Name of product:
Trail Crest boys and girls hooded sweatshirts and jackets
Hazard:
The hoodies and jackets have drawstrings through the hood or neck which pose a strangulation hazard to young children. In February 1996, CPSC issued guidelines about drawstrings in children's upper outerwear. In 1997, those guidelines were incorporated into a voluntary standard. Then, in July 2011, based on the guidelines and voluntary standard, CPSC issued a federal regulation. CPSC's actions demonstrate a commitment to help prevent children from strangling or getting entangled on neck and waist drawstrings in upper outerwear, such as jackets and sweatshirts.
Remedy:
View Details
Refund
Consumer Contact:
Trail Crest at (800) 965-6550 between 9 a.m. and 5 p.m. ET Monday through Friday. Consumers can also email the firm at sales@trailcrest.net.
From the CPSC
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Tuesday, October 22, 2013
$520,000 Settlement: Woman suffers traumatic brain injury in auto accident
Social Security declares her disabled as result of accident; case is settled
On Dec. 1, 2009, plaintiff was injured when the car she was driving was struck from behind by defendant at a high rate of speed.
plaintiff suffered a traumatic brain injury and herniated discs in her neck, necessitating two surgeries and dozens of injections. She endured three years of continuous treatment and also was confined to a mental hospital on two occasions for depression and anxiety.
Plaintiff was 39 years old at the time of arbitration and had been declared disabled by Social Security as a result of her auto accident-related injuries.
Defendants argued that not all of plaintiff’s alleged injuries were related to the auto accident.
Type of action: First- and third-party auto negligence
Type of injuries: Traumatic brain injury, herniated discs, depression, anxiety, permanent scarring
Court/Case no./Date: Macomb County Circuit Court; 2010-004764-NI; Jan. 19, 2013
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On Dec. 1, 2009, plaintiff was injured when the car she was driving was struck from behind by defendant at a high rate of speed.
plaintiff suffered a traumatic brain injury and herniated discs in her neck, necessitating two surgeries and dozens of injections. She endured three years of continuous treatment and also was confined to a mental hospital on two occasions for depression and anxiety.
Plaintiff was 39 years old at the time of arbitration and had been declared disabled by Social Security as a result of her auto accident-related injuries.
Defendants argued that not all of plaintiff’s alleged injuries were related to the auto accident.
Type of action: First- and third-party auto negligence
Type of injuries: Traumatic brain injury, herniated discs, depression, anxiety, permanent scarring
Court/Case no./Date: Macomb County Circuit Court; 2010-004764-NI; Jan. 19, 2013
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Monday, October 14, 2013
$12,981,130 Verdict: Baby suffers nerve damage via birth trauma
When shoulder got stuck, resident pulled head too hard, plaintiff contends
On Dec. 28, 2007, plaintiff, who was 37 5/7 weeks’ pregnant, went to defendant with complaints of flu-like symptoms of fever, chills, nausea, vomiting and cough, in addition to foot swelling.
As her conditions improved, there was discussion of induction. After evaluation on Dec. 31, the physician initiated a plan to induce labor. An intern in his sixth month and an OB resident were left to attend Bryson, while the physician left for New Year’s Eve.
At approximately 9:12 p.m., the fetus’s heart tones worsened with minimal or absent beat-to-beat variability with repetitive, late decelerations and variable decelerations present. No action was taken by the obstetrical staff until approximately 3 a.m. Jan. 1, 2008.
The delivery notes of all who wrote them describe a “severe shoulder dystocia” — the shoulder being stuck at the pubic symphysis during delivery — and indicate the series of maneuvers employed to affect delivery.
Plaintiff asserted that the intern had his hands on the 8-pound, 8-ounce baby’s head when the dystocia was discovered, while the staff obstetrician and the OB resident were “supervising” at that point.
Defendants’ records confirm the baby’s right arm being flaccid. Subsequent evaluation showed a complete severing of the nerves, with an Erb’s palsy, rendering the arm and shoulder muscles virtually useless.
Plaintiff’s minor has required ongoing physical and occupational therapy since age 1 month. She is visibly disfigured, with a brace needed to be worn nightly to keep her arm straight as she sleeps.
Plaintiff contended that excessive traction on the baby’s head occurred in the inexperienced hands of the intern, but that the physicians in attendance and the physician who had left for New Year’s Eve also were responsible.
In addition, a C-section had not been offered to the diabetic plaintiff, which, along with the baby’s size, increased the risk of shoulder dystocia when delivering the baby vaginally.
Defendant asserted that the injuries occurred because of the natural child birth process, and were unrelated to any actions of the physicians.
Type of action: Medical malpractice, birth trauma
Type of injuries: Shoulder dystocia/brachial plexus, Erb’s palsy
Court/Case no./Date: Genesee County Circuit Court; 10-92893-NH; Sept. 27, 2013
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On Dec. 28, 2007, plaintiff, who was 37 5/7 weeks’ pregnant, went to defendant with complaints of flu-like symptoms of fever, chills, nausea, vomiting and cough, in addition to foot swelling.
As her conditions improved, there was discussion of induction. After evaluation on Dec. 31, the physician initiated a plan to induce labor. An intern in his sixth month and an OB resident were left to attend Bryson, while the physician left for New Year’s Eve.
At approximately 9:12 p.m., the fetus’s heart tones worsened with minimal or absent beat-to-beat variability with repetitive, late decelerations and variable decelerations present. No action was taken by the obstetrical staff until approximately 3 a.m. Jan. 1, 2008.
The delivery notes of all who wrote them describe a “severe shoulder dystocia” — the shoulder being stuck at the pubic symphysis during delivery — and indicate the series of maneuvers employed to affect delivery.
Plaintiff asserted that the intern had his hands on the 8-pound, 8-ounce baby’s head when the dystocia was discovered, while the staff obstetrician and the OB resident were “supervising” at that point.
Defendants’ records confirm the baby’s right arm being flaccid. Subsequent evaluation showed a complete severing of the nerves, with an Erb’s palsy, rendering the arm and shoulder muscles virtually useless.
Plaintiff’s minor has required ongoing physical and occupational therapy since age 1 month. She is visibly disfigured, with a brace needed to be worn nightly to keep her arm straight as she sleeps.
Plaintiff contended that excessive traction on the baby’s head occurred in the inexperienced hands of the intern, but that the physicians in attendance and the physician who had left for New Year’s Eve also were responsible.
In addition, a C-section had not been offered to the diabetic plaintiff, which, along with the baby’s size, increased the risk of shoulder dystocia when delivering the baby vaginally.
Defendant asserted that the injuries occurred because of the natural child birth process, and were unrelated to any actions of the physicians.
Type of action: Medical malpractice, birth trauma
Type of injuries: Shoulder dystocia/brachial plexus, Erb’s palsy
Court/Case no./Date: Genesee County Circuit Court; 10-92893-NH; Sept. 27, 2013
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Wednesday, October 9, 2013
$500,000 Settlement: Driver claims pain, depression from accident
Defense argues serious impairment threshold not met, pre-existing injuries
Plaintiff collided with defendant’s vehicle while exiting a shopping center parking lot in broad daylight. Plaintiff briefly lost consciousness at the scene.
Plaintiff returned to work but ultimately stopped several months later because of ongoing pain and depression. He was diagnosed with a closed head injury, bilateral knee injuries and a worsening of longstanding depression.
Defendants argued that plaintiff was more than 50 percent at fault in causing the accident because he was speeding and allegedly was not paying attention to what was ahead of him on the road.
It also was contended that plaintiff’s symptoms pre-existed, that he was a malingerer, that he failed to meet the serious impairment threshold, and that his knees had been degenerated for several prior years.
Both parties accepted the $500,000 unanimous case evaluation.
Type of action: Auto negligence
Type of injuries: Closed head injury, bilateral knee injuries
Court/Case no./Date: Macomb County Circuit Court; 2012-2355-NI; June 1, 2013
Settlement amount: $500,000
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Plaintiff collided with defendant’s vehicle while exiting a shopping center parking lot in broad daylight. Plaintiff briefly lost consciousness at the scene.
Plaintiff returned to work but ultimately stopped several months later because of ongoing pain and depression. He was diagnosed with a closed head injury, bilateral knee injuries and a worsening of longstanding depression.
Defendants argued that plaintiff was more than 50 percent at fault in causing the accident because he was speeding and allegedly was not paying attention to what was ahead of him on the road.
It also was contended that plaintiff’s symptoms pre-existed, that he was a malingerer, that he failed to meet the serious impairment threshold, and that his knees had been degenerated for several prior years.
Both parties accepted the $500,000 unanimous case evaluation.
Type of action: Auto negligence
Type of injuries: Closed head injury, bilateral knee injuries
Court/Case no./Date: Macomb County Circuit Court; 2012-2355-NI; June 1, 2013
Settlement amount: $500,000
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Tuesday, October 8, 2013
$4.55 million Settlement: Musician suffers traumatic brain injury in auto accident
She will require therapy for years; her settlement is set above policy limits
Plaintiff, a 31-year-old internationally renowned musician, was driving with her fiancé on westbound Interstate 94 in the Jackson area. She brought the car to a complete stop because of traffic conditions. Defendant driver, operating an empty tractor-trailer, rear-ended plaintiff’s vehicle, crushing it between the tractor-trailer and the semi-truck directly in front of plaintiff’s vehicle.
Plaintiff was airlifted from the scene to University of Michigan Hospital, where she was an inpatient for two months. She sustained a severe traumatic brain injury — including fractures to the base of the skull and severed cranial nerves — as well as some hearing loss. Though she recovered, she will require therapy for a number of years.
The procured settlement is above policy limits, and a significant portion of it is structured. Its present-day value is $4.55 million.
Type of action: Auto negligence
Type of injuries: Traumatic brain injury, skull fractures
Court/Case no./Date: Confidential; confidential; May 13, 2013
Settlement amount: $4.55 million
Special damages: Excess wage loss
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Plaintiff, a 31-year-old internationally renowned musician, was driving with her fiancé on westbound Interstate 94 in the Jackson area. She brought the car to a complete stop because of traffic conditions. Defendant driver, operating an empty tractor-trailer, rear-ended plaintiff’s vehicle, crushing it between the tractor-trailer and the semi-truck directly in front of plaintiff’s vehicle.
Plaintiff was airlifted from the scene to University of Michigan Hospital, where she was an inpatient for two months. She sustained a severe traumatic brain injury — including fractures to the base of the skull and severed cranial nerves — as well as some hearing loss. Though she recovered, she will require therapy for a number of years.
The procured settlement is above policy limits, and a significant portion of it is structured. Its present-day value is $4.55 million.
Type of action: Auto negligence
Type of injuries: Traumatic brain injury, skull fractures
Court/Case no./Date: Confidential; confidential; May 13, 2013
Settlement amount: $4.55 million
Special damages: Excess wage loss
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Monday, October 7, 2013
$630,000 Settlement: Trucker seeks economic damages after crash
Plaintiff argues that future earning capacity could not be same as it had been
On July 31, 2009, plaintiff was driving a fully loaded semi truck in Flat Rock. A Mazda CX-7, driven by defendant, disregarded a blinking red light and drove into the path of Vujasin’s truck.
The semi swerved to avoid the car but ended up striking the vehicle on the driver’s side, pushing it through the intersection, over a curb and into a brick wall. It took emergency crews several hours to extricate Carver from the Mazda.
Believing that he had killed defendant in the collision. He attempted to return to work one week after the accident, but a close call with a car running a yellow light resulted in him pulling his truck over, where he shook uncontrollably and vomited.
He was subsequently diagnosed with post-traumatic stress disorder, anxiety and depression related to the July 2009 accident. However, the report — made by a panel of medical providers, including physiatrists, physiotherapists, and psychologists —concluded that he did not suffer a complete inability to engage in any employment for which he was reasonably suited by education, training and/or experience.
At the time of the scheduled trial date, he was not able to return to work. Plaintiff asserted that the scope and width of his employment options had been narrowed, and he could not return to a job like trucking and earn what he did before.
Type of action: Automobile negligence
Type of injuries: Post-traumatic stress disorder, depression, anxiety
Court/Case no./Date: Wayne County Circuit Court; 2011-1829-NI; Feb. 28, 2013
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On July 31, 2009, plaintiff was driving a fully loaded semi truck in Flat Rock. A Mazda CX-7, driven by defendant, disregarded a blinking red light and drove into the path of Vujasin’s truck.
The semi swerved to avoid the car but ended up striking the vehicle on the driver’s side, pushing it through the intersection, over a curb and into a brick wall. It took emergency crews several hours to extricate Carver from the Mazda.
Believing that he had killed defendant in the collision. He attempted to return to work one week after the accident, but a close call with a car running a yellow light resulted in him pulling his truck over, where he shook uncontrollably and vomited.
He was subsequently diagnosed with post-traumatic stress disorder, anxiety and depression related to the July 2009 accident. However, the report — made by a panel of medical providers, including physiatrists, physiotherapists, and psychologists —concluded that he did not suffer a complete inability to engage in any employment for which he was reasonably suited by education, training and/or experience.
At the time of the scheduled trial date, he was not able to return to work. Plaintiff asserted that the scope and width of his employment options had been narrowed, and he could not return to a job like trucking and earn what he did before.
Type of action: Automobile negligence
Type of injuries: Post-traumatic stress disorder, depression, anxiety
Court/Case no./Date: Wayne County Circuit Court; 2011-1829-NI; Feb. 28, 2013
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CPSC Approves New Federal Safety Standard for Bassinets and Cradles
WASHINGTON, D.C. – To prevent deaths and injuries to children, the
U.S. Consumer Product Safety Commission (CPSC) has approved a new
federal mandatory standard to improve the safety of bassinets and
cradles. The vote was 4 to 1.
The new federal standard incorporates provisions in the voluntary standard (ASTM F2194-13), Standard Consumer Safety Specification for Bassinets and Cradles. CPSC staff recommended five modifications to F2194-13 standard. These modifications address risks not adequately covered by the voluntary standard. The modifications include:
The new standard defines “bassinet/cradle” as a small bed designed primarily to provide sleeping accommodations for infants, supported by free standing legs, a stationary frame or stand, a wheeled base, a rocking base, or swing relative to a stationary base. In a stationary (non-rocking or swinging) position, a bassinet/cradle is intended to have a sleep surface less than or equal to 10 degrees from horizontal.
A bassinet/cradle is not intended to be used beyond the age of about 5 months or when a child is able to push up on his hands and knees. Bassinet and cradle attachments for non-full-size cribs or play yards are considered to be part of the bassinet/cradle category, as are bedside sleepers that can be converted to four-sided bassinets not attached to a bed.
The effective date for the mandatory bassinet/cradle standard is 6 months after the final rule is published in the Federal Register. Manufacturers are allowed an additional 12 months to comply with the provision for removable bassinet beds.
From the CPSC
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The new federal standard incorporates provisions in the voluntary standard (ASTM F2194-13), Standard Consumer Safety Specification for Bassinets and Cradles. CPSC staff recommended five modifications to F2194-13 standard. These modifications address risks not adequately covered by the voluntary standard. The modifications include:
- a clarification of the scope of the bassinet/cradle standard;
- a change to the pass/fail criterion for the mattress flatness test;
- an exemption from the mattress flatness requirement for bassinets that are less than 15 inches across;
- the addition of a removable bassinet bed stability requirement; and
- a change to the stability test procedure, requiring the use of a newborn CAMI dummy rather than an infant CAMI dummy.
The new standard defines “bassinet/cradle” as a small bed designed primarily to provide sleeping accommodations for infants, supported by free standing legs, a stationary frame or stand, a wheeled base, a rocking base, or swing relative to a stationary base. In a stationary (non-rocking or swinging) position, a bassinet/cradle is intended to have a sleep surface less than or equal to 10 degrees from horizontal.
A bassinet/cradle is not intended to be used beyond the age of about 5 months or when a child is able to push up on his hands and knees. Bassinet and cradle attachments for non-full-size cribs or play yards are considered to be part of the bassinet/cradle category, as are bedside sleepers that can be converted to four-sided bassinets not attached to a bed.
The effective date for the mandatory bassinet/cradle standard is 6 months after the final rule is published in the Federal Register. Manufacturers are allowed an additional 12 months to comply with the provision for removable bassinet beds.
From the CPSC
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Friday, October 4, 2013
Patients of indicted Oakland Co. cancer doctor meet for support in weeks before trial
By: Oralandar Brand-Williams, The Detroit News
Rochester Hills— Cathy Bastian fears her future.
The Oakland Township woman says she is scared of what 21 rounds of chemotherapy she didn’t need did to her body.
The treatments, administered by indicted oncologist Farid Fata, went on for 18 months after she was told she no longer had any evidence of a deadly form of lung cancer in her body.
“He kept me on chemotherapy for a year and a half,” Bastian said during a meeting with other patients of the embattled oncologist. “I begged for my life. I said ‘Dr. Fata, I don’t think my body can take it anymore.’ ”
Bastian says she received 33 sessions of chemotherapy when medical tests indicated she needed 12 sessions to cure her early form of small-cell lung cancer, which has a low survival rate if not caught early.
Bastian is a member of a group of former patients and family members who say they are seeking justice in the wake of criminal charges filed against Fata for Medicare fraud.
The group plans to protest Wednesday outside U.S. District Court before the start of a bond hearing. Fata is being held on a $9 million bond and his lawyers are asking a judge to lower it so their client can be free pending trial later this month on multiple charges of health care fraud.
The doctor maintains he is innocent, according to his co-counsel, Christopher Andreoff.
The group of his former patients gathers regularly at a hotel near Crittenton Hospital’s Cancer Center in Rochester Hills, where some of them first met Fata. They hug each other and share tears as they recall their time as Fata’s patients.
They wonder aloud if their exposure to unnecessary chemotherapy will make them even sicker in the days, months or years to come.
Last month, they launched a letter-writing campaign to state lawmakers and county prosecutors, hoping officials will review state laws regarding licensing physicians. They want Fata to face state criminal charges along with the federal charges.
Many of them plan to follow the case and attend every court hearing involving the doctor.
Fata, the owner of Michigan Hematology Oncology P.C., which has offices in Rochester Hills and six other locations, including Bloomfield Hills and Oak Park, is charged with submitting false and fraudulent claims for medical treatments that were not medically necessary.
Among the allegations: Fata administered chemotherapy and other cancer treatments to patients who didn’t need them. He also is accused of engaging “in a scheme to unlawfully enrich himself” by soliciting and receiving kickbacks in exchange for referring patients for home health care and hospice services.
The federal charges, filed last month, allege that from August 2007 to July 2013, Fata’s MHO practice billed Medicare around $225 million, of which $109 million was for chemotherapy or other cancer treatments. Of the approximately $225 million, Medicare paid more than $91 million to Fata’s medical practice.
Kevin Brown, a Lake Orion resident, said he was very fond of Fata and credited the doctor with curing him of cancer in 2007. Brown said he was shocked when Fata suggested he have more chemotherapy as part of a “maintenance” plan.
“This guy told me I was going to see him the rest of my life,” said Brown.
Angry and filled with questions, Brown said he believes his recent onset of alopecia (hair loss that occurs when the immune system attacks hair follicles) can be attributed to the cancer drug Fata prescribed for him a year even after scans showed him to be cancer-free.
“I just want to meet him face to face ... man to man and ask him why did he do that to me?”
Fata has been in the Wayne County Jail under federal custody since last month, when he was arrested after federal authorities raided his home and medical offices in Oakland County.
His trial is set for mid-October. If convicted, Fata faces a maximum of 10 years for each count.
From The Detroit News:
Are you in need of a medical malpractice lawyer?
Rochester Hills— Cathy Bastian fears her future.
The Oakland Township woman says she is scared of what 21 rounds of chemotherapy she didn’t need did to her body.
The treatments, administered by indicted oncologist Farid Fata, went on for 18 months after she was told she no longer had any evidence of a deadly form of lung cancer in her body.
“He kept me on chemotherapy for a year and a half,” Bastian said during a meeting with other patients of the embattled oncologist. “I begged for my life. I said ‘Dr. Fata, I don’t think my body can take it anymore.’ ”
Bastian says she received 33 sessions of chemotherapy when medical tests indicated she needed 12 sessions to cure her early form of small-cell lung cancer, which has a low survival rate if not caught early.
Bastian is a member of a group of former patients and family members who say they are seeking justice in the wake of criminal charges filed against Fata for Medicare fraud.
The group plans to protest Wednesday outside U.S. District Court before the start of a bond hearing. Fata is being held on a $9 million bond and his lawyers are asking a judge to lower it so their client can be free pending trial later this month on multiple charges of health care fraud.
The doctor maintains he is innocent, according to his co-counsel, Christopher Andreoff.
The group of his former patients gathers regularly at a hotel near Crittenton Hospital’s Cancer Center in Rochester Hills, where some of them first met Fata. They hug each other and share tears as they recall their time as Fata’s patients.
They wonder aloud if their exposure to unnecessary chemotherapy will make them even sicker in the days, months or years to come.
Last month, they launched a letter-writing campaign to state lawmakers and county prosecutors, hoping officials will review state laws regarding licensing physicians. They want Fata to face state criminal charges along with the federal charges.
Many of them plan to follow the case and attend every court hearing involving the doctor.
Fata, the owner of Michigan Hematology Oncology P.C., which has offices in Rochester Hills and six other locations, including Bloomfield Hills and Oak Park, is charged with submitting false and fraudulent claims for medical treatments that were not medically necessary.
Among the allegations: Fata administered chemotherapy and other cancer treatments to patients who didn’t need them. He also is accused of engaging “in a scheme to unlawfully enrich himself” by soliciting and receiving kickbacks in exchange for referring patients for home health care and hospice services.
The federal charges, filed last month, allege that from August 2007 to July 2013, Fata’s MHO practice billed Medicare around $225 million, of which $109 million was for chemotherapy or other cancer treatments. Of the approximately $225 million, Medicare paid more than $91 million to Fata’s medical practice.
Kevin Brown, a Lake Orion resident, said he was very fond of Fata and credited the doctor with curing him of cancer in 2007. Brown said he was shocked when Fata suggested he have more chemotherapy as part of a “maintenance” plan.
“This guy told me I was going to see him the rest of my life,” said Brown.
Angry and filled with questions, Brown said he believes his recent onset of alopecia (hair loss that occurs when the immune system attacks hair follicles) can be attributed to the cancer drug Fata prescribed for him a year even after scans showed him to be cancer-free.
“I just want to meet him face to face ... man to man and ask him why did he do that to me?”
Fata has been in the Wayne County Jail under federal custody since last month, when he was arrested after federal authorities raided his home and medical offices in Oakland County.
His trial is set for mid-October. If convicted, Fata faces a maximum of 10 years for each count.
From The Detroit News:
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Votive Candle Holders Sold at Cracker Barrel Old Country Store Recalled Due to Fire
Hazard; Made by Mercuries Asia
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: September 25, 2013
Recall number: 13-291
Recall Summary
Name of product:
BBQ Ant Votive Candle Holders
Hazard:
The decorative ant’s arms, used to hold up the votive cup, can break. If this happens, a lit candle can tip over or fall out, posing fire and burn hazards.
Remedy:
View Details
Refund
Consumer Contact:
Mercuries Asia at (800) 828-9316 from 9 a.m. to 4 p.m. ET Monday through Friday or online at www.ma-recall.com.
From the CPSC
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Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: September 25, 2013
Recall number: 13-291
Recall Summary
Name of product:
BBQ Ant Votive Candle Holders
Hazard:
The decorative ant’s arms, used to hold up the votive cup, can break. If this happens, a lit candle can tip over or fall out, posing fire and burn hazards.
Remedy:
View Details
Refund
Consumer Contact:
Mercuries Asia at (800) 828-9316 from 9 a.m. to 4 p.m. ET Monday through Friday or online at www.ma-recall.com.
From the CPSC
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Thursday, October 3, 2013
$295,000 Settlement: Surveyor on dredging job slips, hurt on boat
Incident not reported for a month; plaintiff can’t go back because of disability
Plaintiff was working as a surveyor for defendant on the Kaskaskia River in Illinois, as part of a dredging contract issued by the U.S. Army Corps of Engineers.
Part of his duties included operating a “survey boat,” which was accessed from and moored to a “skidder barge.” Going against USACE’s safety requirements, the deck of the barge did not have any handholds, railings or nonskid material on its deck.
On April 22, 2011, during a crew change, Plaintiff tied the survey boat to the skidder barge. He slipped and fell. He reported the situation to the job superintendent. The superintendent testified that he was aware that the working surfaces of the skidder barge were not treated with nonskid prior to the accident.
Because of a lack of familiarity with the reporting procedures of the USACE and the defendant, the superintendent did not report the incident until May 20, 2011, when plaintiff told him he required medical attention for his back.
The matter settled for $295,000.
Type of action: Seaman’s personal injury pursuant to the Jones Act
Type of injuries: Back
Court/Case no./Date: U.S. District Court, Northern District of Illinois; 1:12-cv-02088; Feb. 13, 2013
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Plaintiff was working as a surveyor for defendant on the Kaskaskia River in Illinois, as part of a dredging contract issued by the U.S. Army Corps of Engineers.
Part of his duties included operating a “survey boat,” which was accessed from and moored to a “skidder barge.” Going against USACE’s safety requirements, the deck of the barge did not have any handholds, railings or nonskid material on its deck.
On April 22, 2011, during a crew change, Plaintiff tied the survey boat to the skidder barge. He slipped and fell. He reported the situation to the job superintendent. The superintendent testified that he was aware that the working surfaces of the skidder barge were not treated with nonskid prior to the accident.
Because of a lack of familiarity with the reporting procedures of the USACE and the defendant, the superintendent did not report the incident until May 20, 2011, when plaintiff told him he required medical attention for his back.
The matter settled for $295,000.
Type of action: Seaman’s personal injury pursuant to the Jones Act
Type of injuries: Back
Court/Case no./Date: U.S. District Court, Northern District of Illinois; 1:12-cv-02088; Feb. 13, 2013
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Schneider Electric Recalls APC Surge Protectors Due to Fire Hazard
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: October 03, 2013
Recall number: 14-001
Recall Summary
Name of product:
APC SurgeArrest surge protectors
Hazard:
The surge protectors can overheat, smoke and melt, posing a fire hazard.
Consumer Contact:
Schneider Electric IT Corp., toll-free at (888) 437-4007 from 8 a.m. to 5 p.m. ET Monday through Friday, or online at http://recall.apc.com, or www.apc.com and click on the Recall link to submit a claim and obtain more information.
From the CPSC
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Recall date: October 03, 2013
Recall number: 14-001
Recall Summary
Name of product:
APC SurgeArrest surge protectors
Hazard:
The surge protectors can overheat, smoke and melt, posing a fire hazard.
Consumer Contact:
Schneider Electric IT Corp., toll-free at (888) 437-4007 from 8 a.m. to 5 p.m. ET Monday through Friday, or online at http://recall.apc.com, or www.apc.com and click on the Recall link to submit a claim and obtain more information.
From the CPSC
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Wednesday, October 2, 2013
$350,000 Settlement: Knee injured, back aggravated when hotel stairs give way
Photos show deteriorated brackets, wood supports; wage loss is contended
Plaintiff, a 50-year-old Michigan resident, and her two sons had a room at defendant Hawthorn Suites. On July 18, 2009, at approximately 9 a.m., plaintiff attempted to walk down the exterior stairway of the hotel. Upon stepping on the third stair from the bottom, the step rolled forward, as it had not been properly secured. Plaintiff lost her balance, and upon being thrown forward, she hit the second step and landed on the concrete.
An ambulance was called, and plaintiff spoke to one of the inn’s maintenance workers, who showed up shortly after to repair the steps. The maintenance worker admitted that the steps had rotted and needed to be replaced. Photographs of the stairway showed the deteriorating condition of the remaining brackets and wood supports.
Plaintiff’s injuries included a right meniscal tear, which required surgery; an aggravation of a previous back injury, which was asymptomatic; and soft tissue injuries to shoulder, neck and ankles.
Plaintiff was self-employed, and one of her jobs involved managing her rental properties. She alleged that her injuries left her unable to properly perform her responsibilities, resulting in wage loss. Her medical bills were in excess of $60,000.
Plaintiff contended that defendant failed to: properly maintain the property; inspect the premises to discover the deteriorating condition of the wood steps; and warn its guests of the pending danger.
The matter settled for $350,000.
Type of action: Premises liability
Type of injuries: Meniscal tear, aggravation of prior back injury, soft tissue injuries to shoulder, neck and ankles
Court/Case no./Date: U.S. District Court, Northern District of Ohio; 3:11-cv-1350; April 5, 2013
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Plaintiff, a 50-year-old Michigan resident, and her two sons had a room at defendant Hawthorn Suites. On July 18, 2009, at approximately 9 a.m., plaintiff attempted to walk down the exterior stairway of the hotel. Upon stepping on the third stair from the bottom, the step rolled forward, as it had not been properly secured. Plaintiff lost her balance, and upon being thrown forward, she hit the second step and landed on the concrete.
An ambulance was called, and plaintiff spoke to one of the inn’s maintenance workers, who showed up shortly after to repair the steps. The maintenance worker admitted that the steps had rotted and needed to be replaced. Photographs of the stairway showed the deteriorating condition of the remaining brackets and wood supports.
Plaintiff’s injuries included a right meniscal tear, which required surgery; an aggravation of a previous back injury, which was asymptomatic; and soft tissue injuries to shoulder, neck and ankles.
Plaintiff was self-employed, and one of her jobs involved managing her rental properties. She alleged that her injuries left her unable to properly perform her responsibilities, resulting in wage loss. Her medical bills were in excess of $60,000.
Plaintiff contended that defendant failed to: properly maintain the property; inspect the premises to discover the deteriorating condition of the wood steps; and warn its guests of the pending danger.
The matter settled for $350,000.
Type of action: Premises liability
Type of injuries: Meniscal tear, aggravation of prior back injury, soft tissue injuries to shoulder, neck and ankles
Court/Case no./Date: U.S. District Court, Northern District of Ohio; 3:11-cv-1350; April 5, 2013
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Festool Recalls Plunge Cut Circular Saw Due to Laceration Hazard
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: September 30, 2013
Recall number: 13-293
Recall Summary
Name of product:
TS 55 REQ Plunge Cut Circular Saw
Hazard:
The plunge lock can engage when not intended, causing the saw blade to remain exposed from the housing following completion of the plunge cut and posing a laceration hazard.
Consumer Contact:
Festool USA toll-free at (855) 784-9727 from 8 a.m. to 5 p.m. ET Monday through Friday or online at www.festoolusa.com and click on the “TS 55 REQ Recall” link for more information.
From the CPSC
Are you in need of a product liability injury lawyer?
Recall date: September 30, 2013
Recall number: 13-293
Recall Summary
Name of product:
TS 55 REQ Plunge Cut Circular Saw
Hazard:
The plunge lock can engage when not intended, causing the saw blade to remain exposed from the housing following completion of the plunge cut and posing a laceration hazard.
Consumer Contact:
Festool USA toll-free at (855) 784-9727 from 8 a.m. to 5 p.m. ET Monday through Friday or online at www.festoolusa.com and click on the “TS 55 REQ Recall” link for more information.
From the CPSC
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